Part 21

In the name of the holy and undivided Trinity. Frederick, by the mercy of God emperor of the Romans, Augustus.... Be it known to all the faithful subjects of God and of our empire, both present and future, that we held a diet at Würzburg recently, where with the aid of God we were able to reconcile the differences which had arisen among the princes of Saxony. At that diet also Herold, venerable bishop of Würzburg, attended by his whole chapter and by a large following of freemen and ministerials, besought us to confirm by our imperial authority the jurisdiction over the church and duchy of Würzburg, which has belonged to his predecessors since the time of Karl the Great. We always delight to grant the reasonable requests of suppliants, and we have no wish to disturb the arrangements made by former emperors, unless there is some need of correction. In this case it is apparent that the settlement made by the former emperors is just, and that the lands have been held unquestioned for a long time by the church and the duchy of Würzburg. Therefore, influenced by the fidelity and devotion of the bishop and by the intercessions of the chapter of his church, whose devotion to him has touched our heart, we give and grant to the venerable bishop Herold and to his successors forever the jurisdiction and right of administering justice in the whole bishopric and duchy and all its counties; that is, the right to punish cases of rapine and incendiarism, to exercise authority over freeholds, fiefs, and vassals, and to inflict capital punishment. By our imperial authority expressed in this perpetual decree, we forbid any person, ecclesiastical or secular, to exercise any jurisdiction in these matters within the bishopric and duchy of Würzburg and its counties; except that the counts should have jurisdiction within their counties over those freemen who are known as _bargaldi_. If anyone acts contrary to this he is guilty of violating the decrees of former emperors, the rights of the church of Würzburg, and this our decree. We also forbid anyone to create hundred-courts or appoint _centgrafs_ (hundred-courts) within this bishopric and duchy and its counties, except by the grant of the bishop-duke of Würzburg. Further, we have destroyed the castle of Bamberg, which has been the cause of so much trouble to the church and the whole province, and have given the hill upon which it stood to the church of Würzburg, forbidding the erection of a castle or fortification again upon it. We have destroyed also the castle of Frankenberg, which menaced the neighboring monastery of Amerbach and imperilled the peace of the church of Würzburg, and have given it under similar conditions to that church.

112. Decree of Gelnhausen, 1180.

Heinemann, Cod. Anhalt., no. 1 c; Doeberl, IV. no. 5O.

As early as 953 Bruno, archbishop of Cologne, received the ducal authority over Lothringen. This gave him the power to hold local diets and to summon both the bishops and secular nobles to attend them. The Gelnhausen decree, so named because it was published in a diet held at Gelnhausen, is important because it contains an official account (1) of the trial of Henry the Lion, and (2) of the partition of the duchy of Saxony. The archbishop of Cologne now receives the ducal authority over a part of the duchy of Saxony. There is here a good illustration of the policy which Frederick I followed of weakening the great duchies by dividing them.

In the name of the holy and undivided Trinity. Frederick, by divine mercy emperor of the Romans, Augustus....

Know all faithful subjects of the empire, both present and future, that Henry, former duke of Bavaria and Westphalia, has oppressed the churches of God and the nobles of the empire by seizing their lands and violating their rights, has refused to obey our summons to present himself before us and has therefore incurred the ban, and even after that has continued to injure the churches and nobles. Now therefore on account of the injuries which he has inflicted upon these persons, and on account of the contempt which he has so often shown to us, and especially on account of his violation of feudal law, in that he refused to obey the three summonses to present himself before us, he has been judged contumacious and by the unanimous sentence of the princes in the diet held at Würzburg has been deprived of the duchies of Bavaria, Westphalia, and Engria [that is, Bavaria and Saxony] and of all the fiefs which he held of the empire, and these territories have been restored to our control.

Now by the advice of the princes we have divided the duchy of Westphalia and Engria [Saxony] into two parts and have conferred that part which is included in the dioceses of Cologne and Paderborn upon our beloved prince, Philip, archbishop of Cologne, because of his conspicuous merits, and of his labors and expenditures for the crown. We have given and granted this territory to the church of Cologne with the counties, advocates, rights of safe-conduct, domains, farms, fiefs, ministerials, serfs, and all other things which belong to that duchy; and we have solemnly invested the aforesaid Philip by the banner [flag] of the empire with that portion of the duchy which is given to his church. This was done by the decision of all the princes of the diet, and with the public consent of our relative, duke Bernard, to whom we have given the other part of the duchy of Westphalia and Engria....

113. Papal Election Decree of Alexander III, 1179.

Watterich, Pont. Rom. Vitæ, II, pp. 644 f; Doeberl, IV, no. 49.

Disputed elections might easily take place, because there was no clear law governing them. It was not the majority of the cardinals who could elect, but those of the "better and wiser counsel." No matter how small the number of cardinals who might vote for a particular candidate, he could easily claim to be elected because he could say that his supporters were of the "better and wiser counsel." To prevent such occurrences, Alexander III decreed that the votes of two-thirds of the cardinals were necessary to elect.

Concerning the election of the pope. Although our predecessors have issued decrees intended to prevent disputed elections in the papacy, nevertheless, the unity of the church has frequently been imperilled by the wicked ambition of men. We have decided with the advice of our brothers and the approval of the council that something further must be done to prevent this evil. Therefore we have decreed that when the cardinals cannot come to a unanimous vote on any candidate, that person shall be regarded as pope who receives two-thirds of the votes, even if the other one-third refuse to accept him and elect a pope of their own. If anyone who has been elected by only a third of the cardinals shall presume to act as pope he and his followers shall be excommunicated and deprived of all ecclesiastical rank; they shall not be allowed to take communion, unless it be extreme unction, and unless they repent they shall have their part with Dathan and Abiram [Num. 16], whom the earth swallowed alive. No one who has been elected by less than two-thirds, shall presume to act as pope, and if he does he shall suffer the same penalty. This decree shall not be to the prejudice of the canon law or of the practice in other churches where the voice of the majority is declared to be decisive in elections, because any dispute arising in these churches can be settled by appeal to higher authority. The Roman church requires a special law, because there is in her case no higher authority to appeal to.

114-115. Supremacy of the Papal Power.

114. Innocent III to Acerbius, 1198.

Migne, 214, col. 377.

Innocent III here gives an interesting statement of the theory of papal supremacy and of the relations existing between papacy and empire.

Innocent III to Acerbius, prior, and to the other clergy in Tuscany. As God, the creator of the universe, set two great lights in the firmament of heaven, the greater light to rule the day, and the lesser light to rule the night [Gen. 1:15,16], so He set two great dignities in the firmament of the universal church, ... the greater to rule the day, that is, souls, and the lesser to rule the night, that is, bodies. These dignities are the papal authority and the royal power. And just as the moon gets her light from the sun, and is inferior to the sun in quality, quantity, position, and effect, so the royal power gets the splendor of its dignity from the papal authority....

115. The Use of the Pallium. Innocent III to the Archbishop of Trnova (in Bulgaria), 1201.

Migne, 215, col. 294.

To the honor of omnipotent God, and of the Blessed Virgin Mary, and of the blessed apostles, Peter and Paul, and of pope Innocent and of the Roman church, as well as of the church committed to you, we give you the pallium. It was first placed on the tomb of St. Peter, from which place we have taken it to send it to you. It is the symbol of the full power of the bishop's office. You shall wear the pallium only when you celebrate mass in the churches of your own diocese on the following days: Christmas, St. Stephen's, Circumcision, Epiphany, Purification of the Virgin Mary, Palm Sunday, Thursday and Saturday of Passion week, Easter Sunday, Monday after Easter, Ascension of our Lord, Pentecost, the three feasts of St. Mary, the birthday of John the Baptist, the feast days of all the apostles, All Saints' day, and when a church is to be dedicated, or bishop consecrated, or clergy ordained, on the principal feast days of your own church, and on the anniversary of your consecration.

The bishop of Rome alone always wears the pallium when celebrating mass because he has the plentitude (fullness) of ecclesiastical power, which is symbolized by the pallium. Others wear it only on certain days, and in that diocese over which they have received ecclesiastical authority, because they are called to have authority over only a part of the church, and not over all of it [as the pope is].

116-118. The Punishment of Heretics.

116. Innocent III to the Archbishop of Auch in Gascony, 1198.

Migne, 214, col. 71.

Many heresies were appearing in various parts of Europe, and Innocent III made special efforts to suppress them. The three following documents illustrate the means by which he hoped to destroy them. These letters are directed to Spain and to Gascony, where the Albigensian heresy was flourishing.

The little boat of St. Peter is beaten by many storms and tossed about upon the sea, but it grieves us most of all that, against the orthodox faith, there are now arising more unrestrainedly and with more injurious results than ever before, ministers of diabolical error who are ensnaring the souls of the simple and ruining them. With their superstitions and false inventions they are perverting the meaning of the Holy Scriptures and trying to destroy the unity of the catholic church. Since we have learned from you and others that this pestilential error is growing in Gascony and in the neighboring territories, we wish you and your fellow bishops to resist it with all your might, because it is to be feared that it will spread and that by its contagion the minds of the faithful will be corrupted. And therefore by this present apostolical writing we give you a strict command that, by whatever means you can, you destroy all these heresies and expel from your diocese all who are polluted with them. You shall exercise the rigor of the ecclesiastical power against them and all those who have made themselves suspected by associating with them. They may not appeal from your judgments, and if necessary, you may cause the princes and people to suppress them with the sword.

117. Innocent III Commands all in Authority to aid his Legates in Destroying Heresy, 1198.

Migne, 214, col. 142.

See introductory note to no. 116.

In order to catch the little foxes which are destroying the vineyard of the Lord [Song of Sol. 2:15], and to separate heretics from the society of the faithful, we have sent to you our beloved son and brother, Rainerius, who, by the divine aid, is powerful in both word and deed, and with him our beloved son and brother, Guido, who fears God and is devoted to works of love. We ask, warn, exhort, and for the forgiveness of your sins command you to receive them kindly and render them assistance against the heretics by giving them advice and aid. We have ordered Rainerius to go on into Spain on certain important ecclesiastical matters, and so we order all archbishops and bishops to use, at the command of Guido, the spiritual sword against all heretics whom he shall name to you. And we order the laymen to confiscate their goods and drive them out of your territories, and thus separate the chaff from the wheat. Moreover to all who faithfully and devoutly aid the church in preserving the faith in this time of great danger which is threatening her, we grant the same indulgence of sins as to those who make a pilgrimage to the churches of St. Peter or of St. James.

118. Confiscation of the Property of Heretics. Innocent III to the King of Aragon, 1206.

Migne, 215, col. 915 f.

See introductory note to no. 116.

Since according to the gospel, the "laborer is worthy of his hire" [Luke 10:7], and in another place it is said, "Thou shalt not muzzle the mouth of the ox that treadeth out the corn" [1 Cor. 9:1], it is certainly even more fitting that a proper reward should be given those who, zealous for the divine law, labor to destroy the little foxes which are ruining the vineyard of the Lord [Song of Sol. 2:15]; we mean those who are endeavoring to pervert the Christian faith. Their reward should be all the greater, because if these foxes are killed the vineyard will be able to bear much greater fruit in works of piety. Led by such considerations, we concede to you, by this present writing, the right to reserve for your own use all the movable as well as immovable goods of heretics and of their supporters, of which you are able to get possession.

119. Innocent III Commands the French Bishops to Punish Usury, 1198.

Migne, 214, col. 376.

The code of Justinian permitted the taking of interest, but the Biblical view of the matter prevailed and in the Middle Age to accept interest in any form on loans was usury. The church often renewed her prohibitions of the custom, but was unable to abolish it. Finally in the sixteenth century the distinction was made between a reasonable and just rate of interest, which was permissible, and an excessive rate, which was declared to be usury, and therefore prohibited.

We believe that you know how pernicious the vice of usury is, since, in addition to the ecclesiastical laws which have been issued against it, the prophet says that those who put their money out at interest are to be excluded from the tabernacle of the Lord [Ps. 15:5]. And the New Testament, as well as the Old, forbids the taking of interest, since the Truth [Christ] himself says: "Lend, hoping for nothing again" [Luke 6:35]. And the prophet says: "Thou shalt not receive usury or increase" [Ezek. 18:17]. We command you all by this apostolical writing not to permit those who are known as usurers to clear themselves by any subterfuge or trick when they are charged with the crime.

120. Innocent III Forbids Violence to the Jews, 1199.

Migne, 214, col. 864.

During the Middle Age the Jew received no protection from the law. It took no account of him. He was compelled to pay for the permission to live in a Christian state or in a Christian town. Such a permission was often revoked at the will of the government (emperor, duke, bishop, city council, etc.), and the Jews were then plundered by the government or the mob, and made to pay well to have the permission renewed. Although the government often robbed them, they had more to fear from the fanaticism and covetousness of the mob, against which the government was generally helpless to protect them. The more enlightened of the clergy tried to shield them, but generally without success. This document gives an idea of the ways in which they were commonly molested, as well as of the enlightened humanity of Innocent III. See also nos. 299, 300.

... We decree that no Christian shall use violence to compel the Jews to accept baptism. But if a Jew, of his own accord, because of a change in his faith, shall have taken refuge with Christians, after his wish has been made known, he may be made a Christian without any opposition. For anyone who has not of his own will sought Christian baptism cannot have the true Christian faith. No Christian shall do the Jews any personal injury, except in executing the judgments of a judge, or deprive them of their possessions, or change the rights and privileges which they have been accustomed to have. During the celebration of their festivals, no one shall disturb them by beating them with clubs or by throwing stones at them. No one shall compel them to render any services except those which they have been accustomed to render. And to prevent the baseness and avarice of wicked men we forbid anyone to deface or damage their cemeteries or to extort money from them by threatening to exhume the bodies of their dead....

121. Innocent III to the Archbishop of Rouen, 1198.

Migne, 214, col. 93.

It was not uncommon for clergymen to hold livings or benefices (receive an income) from different churches at the same time. In such cases, they of course found it impossible to live in all the parishes from which they received money or support. And some clergymen, although supported by some church, cared little for their clerical duties and evaded them by living in some other parish. This letter to the archbishop of Rouen represents a part of the reforming work of Innocent III. He endeavored to correct these abuses, as is apparent from this letter.

Since it is written that whoever does not work shall not eat [2 Thess. 3:10], we believe it wrong that clergymen do not serve those churches from which they have their livings. You have informed us that certain canons of the church of Rouen receive incomes and livings from the church, but do not live there, as they should, and that the church of Rouen is thereby unjustly deprived of the services of the clergy whom she supports. Therefore we grant your petition, venerable brother in Christ, and by our apostolic authority give you full power to use ecclesiastical discipline to compel them to live in their churches, as the law and custom of the church require.....

122. Innocent III to a Bishop, Forbidding Laymen to Demand Tithes of the Clergy, 1198.

Migne, 214, col. 433 f.

This letter does not differ materially from the bull "Clericis laicos," no. 162. See the introductory note to it.

Since it is improper and contrary to reason that laymen, who are bound to pay tithes to the clergy, should presume to extort tithes from them, to the utter confusion of the established order of things, we grant your petition, and give all the monasteries, churches, and clergy of your diocese the permission to refuse to pay any tithes which may be demanded of them by laymen, no matter under what pretext such a demand may be made. And if laymen, contrary to this writing, shall attempt to collect such tithes by violence, you shall put them under ecclesiastical interdict and deprive them of the right to appeal.

123-125. The Secular Power of Innocent III.

123. The Prefect of Rome Takes the Oath of Fidelity to the Pope, 1198.

Migne, 214, cols. 18 and 529.

Innocent III attempted to build up a system of papal government in all the lands which he claimed. This document shows how his authority in Rome was recognized. No. 124 is an illustration of the oath which he required of the local princes in Italy who held lands from him. No. 125 is offered as an evidence of his government in Sicily.

The next day after the coronation of Innocent III, Peter, prefect of the city of Rome, in the consistory of the Lateran palace, publicly took the oath of fidelity to Innocent and his successors, against all men, and received from the pope a robe as the symbol of his investiture, with the prefecture. And then he did Innocent liege homage and the pope gave him a silver cup as the sign of his favor.

The oath. In the name of Christ. I, Peter, prefect of the city, swear that the land which the pope has given me to govern, I will govern to the honor and profit of the church. I will neither sell, nor hire out, nor enfeoff, nor pawn, nor alienate in any other way, any part of it. I will carefully find out and maintain all the rights of the Roman church, and I will endeavor to recover those rights which she has lost; and when I have recovered them, I will preserve and defend them as long as I shall hold this office. I will guard the roads and administer justice. I will give diligent zeal and attention to the guarding of the defences in order that they may be guarded well and to the honor of the church and in accordance with her wishes. I will neither change nor cause to be changed those who have charge of the fortresses, nor will I introduce, or cause to be introduced, others into the fortresses, contrary to the command of the pope. The faithful subjects and vassals of the pope, who live on the patrimony of the church, I will not permit to take the oath of fidelity and homage to me without the special command of the pope. Nor shall any of them be required to be faithful to me except during my governorship. In the territory committed to me I will not cause any strongholds to be built without the command of the pope. I will give a faithful account of my governorship whenever the pope may demand it. And I will freely resign my office whenever the pope or the holy Roman church may command me to do so. All these things I swear that I will faithfully observe without fraud, to the best of my ability, the command of the pope being supreme in all things. So help me God and these holy gospels of God.

124. John of Ceccano's Oath of Fidelity to Innocent III, 1201.

Migne, 217, col. 286.

See introductory note to no. 123.

In the fourth year of the pontificate of Innocent III, in the papal palace at Anagni, a nobleman, John of Ceccano, took an oath of fidelity to pope Innocent for Ceccano and for all the land which he holds. The oath was taken in the presence of cardinal bishops, priests, and deacons; there were present also many other clergy and nobles of Anagni and of other places, as well as the knights of John of Ceccano. And he admitted that he held Ceccano and all the rest of his land from the Roman church. And this was his oath: